Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

PPBiswas   15 July 2013 at 22:08

Cat appeal

I was ignored for promotion due to a single "average" grade in my ACR which was uncommunicated. My appeal to CAT, Kolkata got defeated as the judge decided that since upgrading the grading from :average" to "good" would not suffice(benchmark was "very good"), so no upgrading would be done and rejected my appeal. However I've got documentary evidence of my excellent performance which was acknowledged indirectly by my organisation. Unfortunately these documents as well as supreme court judgements which would clinch my case, were not submitted by my lawyer in CAT inspite of my requests, probably due to overconfidence. I've consulted several highly reputed lawyers of Kolkata High Court but all of them are saying that no fresh document can be produced in High Court and my case does not have sufficient merit. Now my questions are:
1. Can I file a review petition in CAT submitting these documents which were not submitted earlier?
2. Will it be a rejoinder or a fresh case?
3. What is the possibility of such a review petition being considered by the judges without any prejudice( since they have already passed a judgement in my case once)?
4. Can I submit important judgements of Supreme Court and CAT as separate documents or simply refer and quote them in my application?
5. In case my second appeal to CAT also gets rejected, can I appeal to High Court with all the documents submitted in both the CAT cases ?

Surinderpal kaur   15 July 2013 at 18:09

Pay protection

Hi...I joined a medical institute in May2007 and applied for another Central Govt job through proper channel in 2012 after completion of 5years of my service and i was eligible for lieu in period so i take two years lieu in period from that instt and joined my new Centre Govt job under same grade in September 2012 and in Feb 2013 I applied for Pay protection but no action was taken from concerned dealind hand .After my frequent visits he put my file noting last week of May 2013.But till today he never provided any information regarding my file.Today when I approached him he said as u r on lieu in period ur pay will not be protected and you will not get pay protection.I asked him to provide in written but he refused and said meet the concerned officer.
my query is M i not eligible for pay protection in my lieu in period?
As he has not taken any action on matter for more than five months,is there no time limit for action/movement in the file in Govt sector?
Please reply.......

P K Kaushal   15 July 2013 at 18:05

Interest on delayed payment of gratuity

1 I retired from Powergrid corporation of India as General Manager on 30.04.2009
2 On day of my retirement, issued charge sheet for major penalty regarding violation of certain clauses of DOP while recommending a proposal for award. No loss to company quantified
3 Eight other executives who signed the same proposal also charge sheeted six months later with Disciplinary authority alleging violation of different and contradictory clauses in same case
4 CVC holds inquiry individually for all 9 executives and partially upholds charges
Me and all other officers protest and appeal against CVC judgement which had ignored many vital facts during the inquiry and similar cases prevailing in the company
5 After 4 years, leading to regular torture, mental harassment and agony and about 2 years of final inquiry report of CVC, company gives verdict of converting major penalty to Censure( minor penalty as per company work conduct and discipline rules and withheld gratuity released without payment of interest on delayed payment
6 I appeal against verdict request for exoneration and interest on delayed payment on gratuity which is released on 22.04.2013 whereas I had retired on 30.04.2009
No financial loss alleged or proved rather gain to the company can be proved and brought out during inquiry
In the expert legal opinion whether company should deny interest on delayed payment
Is the case not eligible for claiming damages for mental harassment humiliation and mental agony

anil kumar agarwal   14 July 2013 at 17:46

Annual performance report downgrading

sir, a officer is getting outstanding APR for last 5 - 6 years but last year superoir officer down graded the officer and give remarks WORK FOUND SATISFACTORY HOWEVER HE MAY BE TREATE AS GOOD. OVER ALL GRADING GOOD,reviewing officer and accepting officer also given good grading . what remedies are available to officer. kindly advise with case citation.

H.S.ACHARYA   14 July 2013 at 14:35

Industrial dispute act

Which category of employees covered under Industrial Dispute Act?

CA Hardeep Singh   13 July 2013 at 16:48

Service bond

Hi,
I am Revenue Accountant in Punjab State Power Corporation Ltd, a Public Sector enterprise( formerly Punjab State Electricity Board). I have joined my present service in Nov 2012... there was no bond clause in advertisement published by PSPCL. But at the thime of offer letter, they inserted a bond clause of 2 years. They infact retained our original certificates and deny to retuen back even a request made by me to them in May 2013. Now, I am selected as Section officer, Department of finance, Punjab Government. I have heard about DPE guidelines and transferablity of bond. But inspite of my requests, PSPCL officilas are in no mood of listening anything and demanding from me bond amount near about 2 lakhs which also includes induction training cost..

Now my question is :
1.What should I do now because my original certificates are with them and they are in no mood of relieving me without taking bond money?
2. If i pay now, whether any remedy available to me later on by demanding money paid under bond?
3. Training provided to us was very general in nature like giving service tax, income tax, contract act knowledge to CA Final/Inter student. So whether it comes under scientic training and technical training term meaning thereby value addition to employee??
4. Can a bond clause is valid if was not there in Advertisement but later on inserted in offer letter??
5. There was drafting mistake in offer letter. Offer letter itself mention about demanding back all salary paid to employee incase he leaves before 2 years and also mentions to execute bond for this which states maximum amount is of 3 months pay. How much they can demand???

Nik   13 July 2013 at 04:10

Termination from employment

Regards.....Regards.....Regards.....Regards.....Regards.....Regards.....Regards.....

DKTAZILANOM9909   12 July 2013 at 20:58

Special leave and self lease

Question -1

We are working in a central PSU. We have a self lease scheme instead of HRA. Eligible employees need to make an agreement for 10 years period for self lease with the PSU. Our payment for self lease was done in our earlier scheme with related to the basic pay of an employee. Later in 2010 the self lease scheme was modified and enhanced payment was done which was related to the grade of employee even those employees who made 10 years agreement as per old scheme earlier. In 2013 the scheme was further modified and entitlement corresponding to grade was increased. But this time PSU made the rule that earlier who had made 10 years agreement will not get the enhanced amount. So currently one problem arises. Those employees who are applying for the first time now are getting more amount though their grade are same but junior with lower basic pay compare to those earlier employees who made 10 years agreement. My question is that can it be termed pay anomaly as senior employee with higher basic pay is getting less?


Question – 2

Can an employee of a central PSU file writ petition in high court for violation of any rule in that PSU instead of raising disputes before RLC(C)?


Question - 3

Can the concerned employees of a central PSU get special leave for panchayet Election as per circular of West Bengal Govt? Our leave rule is as under :

LEAVE RULES of the PSU
12.2.2. Additional Holidays
iv) In the event of the State Government/Union Territory Administration declaring a special occasion as an additional paid holiday for its industrial workers, all administrative offices and operating units of IOC located within that State/Union Territory will also observe an additional closed holiday.


Circular of West Bengal GOVT

Dates of Election declared as Public Holidays under NI Act

Government of West Bengal
Finance Department
(Audit Branch)
Writers’ Buildings, Kolkata-700 001
No. 5482-F(P), 9th July, 2013.

MEMORANDUM

In view of the elections to the Gram Panchayats, Panchayat Samitis and Zilla Parishads to be constituted under the West Bengal Panchayat Act, 1973 and to be held on 11th, 15th, 19th, 22nd and 25th of July, 2013 in different districts in the State (except Darjeeling), the Governor is hereby pleased to declare the said days as public holiday under the Negotiable Instruments Act, 1881

All Government Offices, Organizations under it, Undertakings, Corporations, Boards, Statutory and Local Bodies, Educational Institutions, etc. situated within the districts excepting those within the municipalities shall remain closed on the respective dates so that every employee is able to exercise his/her right of franchise in the election.
2. The Labour Department will issue suitable instructions to Shops, Commercial and Industrial Establishments including Tea Gardens to declare the said dates for the concerned districts as paid holiday for the workers to exercise their franchise in the election.
3. In case the date of poll is a working day in any Central Government or any other establishments within the concerned districts, the employees who are voters to the election shall be permitted to cast their votes by way of special leave.
4. In case of an employee working outside the concerned districts and when the date of poll has not been declared as holiday there as in Para 1 above, he/she shall be allowed special leave for the day.
5. In case of re-poll, the employees/workers shall be allowed to cast their votes on the date of re- ¬poll in the manner as in Para 3 and 4 above.
6. The days before the date of polls being the date of dispatch are hereby declared as local holidays for the Educational Institutions situated within the respective districts excepting those within the municipalities.
In case any educational institution or any other establishment within any municipality has been selected as dispatch centre, local holiday may be declared for the said institution by the Competent Authority on the day of dispatch.
7. The poll process may continue up to late hours in the nights of 11th July, 2013, 15th July, 2013,19th July, 2013, 22nd July, 2013 and 25th July, 2013, as the case may be, and the polling parties may obtain their release from their reception centres in the small hours of the morning (or even afterwards) of 12th July, 2013, 16th July, 2013, 20th July, 2013, 23rd July, 2013 and 26th July, 2013 rendering it difficult for them to attend office in time. In consideration of this situation, special leave may be allowed for the 12th July, 2013, 16th July, 2013, 20th July, 2013, 23rd July, 2013 and 26th July, 2013 as the case may be to the officers and employees who were deployed for poling duties.

Sd/- (A.K. Das)
OSD & ex-officio Joint Secretary
Finance Department
Government of West Bengal

kaur   12 July 2013 at 20:19

Property dispute

This is with reference to my previous query in which I have sought advice that some civil property disputes cases are pending in the civil court. As my own brothers have filed complaint at my work place to my management and although they were satisfied that the matter is personal and nothing to done with my job butI felt quite embarrassment with my co-employees. Now after a month my Head (Management) told me to withdrew the cases from my side or else to resign. No doubt that this has been done on the instant of my brothers who are highly influences and high power. Although I am permanent at job which is private but comes under Industrial Act. My query is that can management remove or dismiss me without any cause or reasons or on the grounds on such civil property cases pending in the court against our family and which has nothing to do with my work. Please advice.

mukesh Gupta   12 July 2013 at 12:59

Misconduct of law offcier in psu

sir,

Can a law officer of a PSU can be subjected to the misconduct for his opinions given on any issue? If yes under what circumstances?